Paul Mullett

Mullett migrated to Australia from Wales in 1968 aged three. 

His father was a police officer and police union delegate. 

Paul attended Nunawading High before joining the force at 18. 

He worked five years as a street constable at Richmond, followed by three at Prahran CIB, two at the major crime squad, three at St Kilda as a sergeant. 

Detective work at the armed robbery squad then back to Richmond as senior sergeant.

He became police union secretary in 1999 and is one of only two members of the Victoria Police to have twice won the Valour Award, the force's highest decoration for bravery.

Paul Mullett hates to lose a fight. 

In the mid-90s, the then armed robbery squad detective took the stand in a case involving a notorious armed robber. 

The defence barrister grilled Mullett about a tape recording that allegedly depicted the detective berating a suspect.

Mullett did not flinch, recalls a solicitor: "I was impressed with how he just stood his ground. 

He just kept saying, 'That is not my voice,' while looking directly at the judge.

" The police lost the case, but Mullett won his skirmish. "He is a thinker.  He thinks about consequences. And he is very smart," says the solicitor.

On November 14, 2007, when he is due to appear before the Office of Police Integrity — whose inquiries have so far cost an assistant police commissioner and the police's media director their jobs and reputations — he could face the fight of his career. 

Did he, as has been alleged, help pass on information to a police officer suspected of links to a murder? Will Mullett have his own dirt to dish, embarrassing the Government and force command? Or will he berate the OPI itself, which he once called a "Spanish Inquisition?" The answers will decide whether Mullett, who has clashed with Chief Commissioner Christine Nixon over her attempts to reform the force, will survive as head of Victoria's 11,000-strong police union.

The OPI's most serious allegation is that Mullett was involved in tipping off a union delegate that he was under investigation for his alleged links to a gangland murder. Mullett allegedly was passed this information in August this year by Assistant Commissioner Noel Ashby and the OPI has alleged that he, through another union official, relayed it to now-suspended detective Peter Lalor.

The Age has previously revealed that Lalor, a detective who worked for years at St Kilda before moving to Prahran, was a key backer of Mullett's union leadership. The pair called each other "comrade" and Lalor advanced Mullett's agenda at union meetings. The OPI's allegations suggest that when Lalor was in hot water, Mullett returned the favour.

But nothing against Mullett has so far been proved. No secret tape has been played showing Mullett instructing Lalor to be tipped off or of Ashby telling Mullett about the investigation into Lalor. If these missing pieces exist, they will be revealed. If not, the OPI may itself have questions to answer.

Underlying the OPI's examination is whether Mullett has used his power and reach in the police force to improperly — or even corruptly — look after his mates and undermine his enemies. Central to the hearing are the questions of how a union leader has such power and why he would use it to protect some officers.

Ashby took Mullett's political and industrial clout seriously and appeared dwarfed by the force of his personality. Phone taps reveal Ashby describing his dealings with Mullett as akin to dealing with a "criminal informer … difficult and smelly". But despite towering over Mullett in terms of rank, Ashby often appeared deferential and, at times, even obsequious. As he told the hearing last week: "He (Mullett) sees himself as someone … who would … (be) equal to Christine Nixon … He doesn't — certainly doesn't see himself equal with me."

On his side of the taped conversations, Mullett appeared to carefully lace ostensibly idle chat with careful probing about the goings-on in force command or which detectives were working on what corruption taskforces. Ashby has admitted passing sensitive information to Mullett in these exchanges, although he has claimed he only did so to keep on-track negotiations between himself and Mullett over this year's police pay deal. Ashby has also denied he leaked to Mullett to ensure the union boss's support were he to try to succeed Christine Nixon as Chief Commissioner.

The phone taps suggest that old associations provided a base for Mullett and Ashby's relationship. "It's like you and I going back to St Kilda," says Mullett. "You strike up working relationships, friendships develop out of that, that is just human nature." Ashby: "Yeah, you know who you can trust."

Another conversation, between Ashby (right) and now-former police force media adviser Stephen Linnell, refers to similar historical bonds between groups of detectives and suspicions held by Chief Commissioner Nixon about whether such bonds were part of an unhealthy brotherhood.

Ashby: "I was never, ever part of, ah, the armed robbers (armed robbery squad), armed offenders (squad), major crime environment … And have never been one of them, and Christine's wrong to make those assessments."

Ashby's implied reference to the old-style policing represented by the armed robbery squad and, to a lesser extent, its replacement, the armed offenders squad (AOS), goes to the heart of the cultural split between Mullett and Nixon.

When the AOS became the target of the police watchdog last year, Mullett, a member of the squad in the '80s, spoke fondly of the "band of brothers" culture of its members. Mullett, the son of a Welsh copper, is proud of his old-school roots.

Standing your ground and looking after your mates defines old-fashioned unionism. What differentiates Mullett as a union leader is the profession he represents. The union's members, about 98 per cent of the force, have special powers to do a vital job and the risk of those powers being used improperly means police are held to greater account than most public servants. Here, the union has a role in ensuring an officer's rights are protected when accused of corruption.

But there is clearly a limit on how far this protection extends. On occasion, the union has been accused of crossing the line by sending good money after bad by paying for the defence of members charged with crimes such as drug trafficking.

This accusation has never stuck. Mullett has always argued the union has simply ensured its members were fairly defended in court. The Office of Police Integrity hearings take the accusation of improperly protecting suspect officers to a new level.

WHEN she was appointed Victoria's first female Chief Commissioner in 2001, Christine Nixon, a former senior NSW police officer, came as an outsider with an eye to the future. NSW had a police force that had been racked by corruption but whose union enjoyed solid relations with force command. In Victoria, Nixon arrived to a force in denial about its own corruption demons and with a union that had fallen out with force command. One of the reasons Nixon was appointed was to improve relations with the union.

It was a task she struggled with. In October last year, Nixon revealed she had not met Mullett "for over a year". The hostility flowed both ways. Nixon privately seethed that Mullett was intent on slowing crucial reforms, such as drug testing, and undermining her leadership with the tacit support of a small group of senior police. Mullett publicly claimed Nixon was hell-bent on undermining him.

He claimed Nixon's decision last year to investigate bullying allegations made against him by several of his union rivals was part of this ongoing "pathetic campaign" to undermine him. Nixon's appointment and support of another reform-driven outsider, high-ranking federal policeman Simon Overland, also grated with Mullett.

Another point of conflict was Nixon and Overland's support of the Office of Police Integrity when it ran its public hearings last year into brutality claims levelled at several detectives from the Armed Offenders Squad. Overland publicly described the vision of two detectives allegedly beating a suspect as "sickening".

But Mullett fiercely attacked the OPI for hauling the accused police before "a Spanish Inquisition". In Mullett's view, police doing a tough job were the victims. His view was aired at a union conference last year, when all 52 union delegates called for the scrapping of the OPI in front of then police minister Tim Holding. Putting the motion was Lalor.

Although the State Government has stuck by the OPI, it has also been accused by the opposition and former senior police of toeing Mullett's line. This accusation reached fever pitch early this year when it was revealed Mullet had struck a so-called "secret deal" with then-premier Steve Bracks before last year's state election.

The contents of the deal, such as equipment upgrades, were largely irrelevant. According to its critics, the deal showed a government prepared to keep a Chief Commissioner out of the loop as it bowed to the power of Mullett.

Mullett's reputation as a man who must be kept onside by politicians emerged from his attack on Jeff Kennett before the 1999 election. Both Labor and Liberal insiders attribute Kennett's refusal to cede to Mullett's call to boost police numbers as a factor in his election loss. Bracks and former liberal leader Robert Doyle learnt a lesson in 1999 that still resonated when Bracks locked in the pre-election deal and Doyle tried to sign up Mullett as a liberal candidate in 2005. Mullett's ability to win a good pay deal also won him the support of many police.

But relationships change. New Premier John Brumby has been careful to keep a distance from Mullett, as has new Police Minister Bob Cameron. Some police continue to question whether the union won out in the most recent pay deal. The Opposition has been hostile.

Earlier this year, Liberal leader Ted Baillieu seized on reports in The Age that Mullett had tried to interfere in an internal disciplinary investigation by calling up the office of Police Minister Cameron and Nixon and complaining the investigation was yet another unjustified attack on the union.

The investigation was into the identity of the author of emails sent over the police system last year that attacked Mullett's rival on the union board, then president Janet Mitchell. The emails had been sent under the alias "Kit Walker". The man internal investigators wanted to interview in May for sending the emails — an abuse of force policy — was, again, Peter Lalor.

It is Mullett's support of Lalor that will be again at centre stage at today's hearings, although the allegations are far more serious.

If the OPI can prove that Mullett helped tip off Lalor that he was the target of a corruption investigation examining police links to a gangland murder, the consequences could be considerable.

A person who tips off a suspect about an investigation can be charged with perverting the course of justice.

This is one fight neither the OPI nor Mullett can afford to lose.

Later in the day, Christine Nixon suspended Mullett after he gave his evidence. 

But while Mr Mullett was suspended from the police force, he is on a long-term secondment to the association and remains its secretary.

On November 16, 2007, the Herald Sun reported that the Police Association executive had voted to support Paul Mullett, paving the way for a bitter fight with force command.

The executive also voted to continue it’s support of its president Brian Rix.

The tough stand buy the association also resolved to:

• condemn the interference of the police commission in the internal affairs of the police association;
• support the complaint by Inspector Rix and Sen-Sgt Mullett to a special investigation monitor regarding the OPI hearing;
• confirm that the association has complained to the OPI about the alleged leaking of confidential information by Deputy Commissioner Simon Overland; and,
• support the application of a suspension review by Sen-Sgt Mullett and Insp Glen Weir.

News also emerged that Premier John Brumby had banned members of his government from meeting with Mullett.

Earlier in the day, Christine Nixon said she was not at war with Mullett, even as she branded him "paranoid".

In a show of strength, more than 20 senior officers from regions across Victoria joined Ms Nixon at a press conference where their leader defended the dramatic suspension of Sen-Sgt Mullett from the force.

And Simon Overland broke his silence on the scandal, admitting he had been personally wounded.

Ms Nixon angrily denied claims she had interfered with the union or set up the union boss by arranging to have his phone tapped, saying her decision to suspend was based on evidence heard in the OPI hearing.

"Mr Mullett is paranoid," she said.

Ms Nixon sought urgent talks with the union in a letter written to the executive.

“This is not about Paul Mullett versus Christine Nixon,” she said.

“I really wish people would understand that I have just gone about doing my job.”

"I've not attempted to interfere in the association's operations at all."

“The letter sets out that I think it's important that we meet, that we need to discuss the ways that we can productively move forward and be able to work together,'' she said.

Police Minister Bob Cameron expressed full confidence in the police chief.

"I think what we've got in Victoria is an excellent chief commissioner, she's been a moderniser and she has my full support,'' Mr Cameron said on ABC radio.

Ms Nixon said she had never considered resigning despite the betrayal of key staff exposed in explosive evidence to the corruption inquiry.

“My job is not about being liked, it is not about popularity. It is about getting on with the job."

Asked whether she had ordered the region commissioner’s to attend this morning’s press conference she retorted: “I most certainly did not’..

Ms Nixon felt she had the support of Victoria Police members.

“The members I hope will listen to the transcripts and make a decision.

“This is not a game this is serious … it is about peoples’ lives”.

Ms Nixon also denied claims she had authorised phone taps on Paul Mullett.

"I've never done anything to undermine him or conduct an inappropriate surveillance, or any surveillance for that matter, but he continues to say this,” she said.

Simon Overland said some of the remarks heard on the phone intercepts between Noel Ashby Steve Linnell were hurtful, but were a reflection on the people who made them.

Both men quit the force after being caught discussing confidential material.

Ms Nixon also stepped up her attack Mr Ashby.

Ms Nixon said the ambitious Mr Ashby had not been made a deputy commissioner because there were concerns about his skills and knowledge, and he was not as capable as others.

And unlike Mr Linnell, Mr Ashby had not had the decency to apologise over his behaviour, she said on Southern Cross Broadcasting.

Ms Nixon had previously said she had taken the first step towards sacking Sen-Sgt Mullett and indicated he may face criminal charges.

"It will be very difficult for us to work together in the future," she said the previous day.

Ms Nixon said the police were still considering material from the hearing and whether criminal charges would be laid.

"At this stage we are still considering the material from the hearing and we'll judge that and with any other material available to us before we make a decision."

Ms Nixon said he priority now was getting on with the job and ensuring Victoria Police continued to serve the Victorian community.

“We can do better and we will,” she said. 

Ms Nixon said she was not terminating Sen-Sgt Mullett's right to remain Police Association secretary.

But Sen-Sgt Mullett last night said Ms Nixon had served him with documents which did effectively attempt to remove his status as secretary of the police union.

"This is entirely inconsistent with her public comments," Sen-Sgt Mullett said.

"I deny any wrongdoing and the Police Association is currently seeking advice on all options regarding this unprecedented development."

Sen-Sgt Mullett vowed to continue representing the 11,000 Police Association members and it is possible some may walk off the job to support him.

Ms Nixon said she hoped any members considering such action would take the facts of the case against Sen-Sgt Mullett into account, and the open Office of Police Integrity hearing had allowed them to do that.

"I do not think they will walk out," she said.

It is possible Ms Nixon will also suspend police union president Brian Rix. Insp Rix appeared at yesterday's OPI hearing immediately after Sen-Sgt Mullett.

Counsel assisting the OPI, Dr Greg Lyon, SC, has accused both of tipping off Police Association delegate Peter Lalor that he was a suspect in the 2003 murder of gigolo vampire Shane Chartres-Abbott.

Insp Rix and Sen-Sgt Mullett strenuously deny doing so.

Ms Nixon said she had instructed senior counsel to examine the evidence against both men.

"At this stage, Mr Rix gave evidence today and we will assess that evidence and make a decision sometime shortly," she said.

Ms Nixon said she had formed the view that Sen-Sgt Mullett had breached the Telecommunications Interception Act and also the OPI's confidentiality provisions, which carry penalties of two years and one year.

The Herald Sun also reported that Victoria's two most senior policing figures had declared war on each other.

As the crisis deepened, pitting police command against the police union, Mullett vowed to carry on as Police Association secretary.

However the Chief Commissioner Nixon said she refused to ever again negotiate with him.

"The bottom line is I am not prepared to deal with Paul Mullett," a determined Ms Nixon said.

In a day of rising tension in the wake of the Office of Police Integrity corruption inquiry:

PREMIER John Brumby effectively banned government contact with Sen-Sgt Mullett.

FORMER chief commissioner Neil Comrie described the confrontation as one of the most significant crises in the force's 150-year history.

THE Police Association executive threw its weight behind Sen-Sgt Mullett and president Brian Rix and snubbed Ms Nixon's request for a meeting.

EVERY available member of Ms Nixon's leadership group showed her their support by turning up at her press conference.

MS NIXON declared Sen-Sgt Mullett paranoid and angrily denied his claim she was behind the alleged illegal electronic and physical surveillance of him and other union officials.

DEPUTY Commissioner Simon Overland dismissed as fanciful the allegation he knocked back the job as NSW commissioner after being bribed to stay in Victoria with a trip anywhere in the world.

MS NIXON said she knew before she became chief commissioner that Victoria Police was not squeaky clean and that putting a corruption-busting plan to then premier Steve Bracks helped her get the job.

Any criminal charges arising out of the OPI's explosive hearing are unlikely to be laid before February, which is when the findings of retired Federal Court judge Murray Wilcox are expected to be tabled in State Parliament.

In an interview with the Herald Sun, Ms Nixon said the OPI had more evidence of criminality than has been made public and was still gathering material.

She said the OPI would consult Mr Wilcox and counsel assisting the OPI, Dr Greg Lyon, SC, before putting together all its material to present to the Office of Public

Prosecutions for advice on who should be charged with what.

"This public hearing has disclosed some material but it seems to me that obviously this is part of an ongoing investigation," Ms Nixon said.

She also challenged Sen-Sgt Mullett over his claim she was involved in illegal acts relating to the bugging and following of him and other union officials.

"That personal sort of attack on me seemed to me to be entirely inappropriate," Ms Nixon said.

"Paul obviously has no evidence. Show me the money, so to speak -- but he doesn't have that evidence."

The Police Association's executive signalled it was ready to fight by voting to support Sen-Sgt Mullett and Insp Rix.

A motion unanimously carried during a marathon meeting stated both "enjoyed the highest levels of support of the executive".

Sen-Sgt Mullett -- flanked by executive members in association uniforms -- announced the passage of a series of other resolutions, including one that condemned Ms Nixon for interfering with the union's internal affairs.

That motion also rejected any offer of a meeting with Ms Nixon.

The executive voted to support the complaints of Insp Rix and Sen-Sgt Mullett to the Special Investigation Monitor over their treatment in the OPI hearings.

Sen-Sgt Mullett also read out a motion noting that the association had complained to the OPI about allegations Mr Overland leaked confidential material.

That motion claimed the OPI had shown an appalling double standard by not using its coercive powers to seek answers on that issue.

Premier John Brumby yesterday appeared to side with Ms Nixon, effectively banning any member of his government from having contact with Sen-Sgt Mullett.

"Until these hearings and this process is complete, I don't believe that it would be appropriate for the Government to meet with Mr Mullett," the Premier said.

"The challenge now for police command, and particularly, I think, for the Police Association, they need to be able to work together.

"Police are entitled to be represented by their union and that association needs to represent the interests of its members.

"And to do that it needs to be able to sit down and meet with the Chief Commissioner. At the moment, that relationship has broken down."

Former chief commissioner Neil Comrie said Victoria Police was in a state of crisis.

"In my view, now is the time for all who have the best interests of the Victoria Police at heart to throw their weight behind the office of chief commissioner," Mr Comrie said.

"Those people should support the critical activities that are taking place to address matters which are of serious concern to every thinking Victorian."

Mr Comrie said he was talking about principles, not personalities, but appeared to take a thinly veiled swipe at other retired senior police who had criticised the current Victoria Police administration in recent days.

"Now is not the time for people -- particularly former senior officers who are so far removed from the day-to-day activities of the force -- to be making critical comment," he said.

"It's a new world.

"It's a new police force with new community expectations, and people who are so far out of touch really ought to stay out of it."

Retired chief commissioner Kel Glare and ex-deputy commissioner Noel Newnham had both been critical of the Nixon administration this week.

The Age reported that Ms Nixon had banned Paul Mullett from entering any police building in Victoria as the police crisis reached flashpoint.

But the union's executive backed Mullett and snubbed an overture from Ms Nixon to meet her without the union secretary.

Mullett was banned from attending any of Victoria's 540 police premises, including 321 operational stations. "He is not allowed in any police station and as a consequence I cannot deal with him," Ms Nixon told The Age.

Mullett's position was further weakened when the Brumby Government threw its support behind the Chief Commissioner. The union official previously had VIP access to Government and Opposition politicians.

"No charges have been laid but questions have been raised and until these hearings and this process is complete, I don't think it would be appropriate for the Government to meet with Mr Mullett," the Premier said.

Mr Mullett may face criminal charges and jail for allegedly breaching the Telecommunications Interception Act and Office of Police Integrity legislation.

Mr Brumby said it was clear the relationship between police command and the union had broken down.

"It is patently obvious that the relationship at the moment between police command and the TPA is not a tenable relationship and I accordingly urge the parties, but particularly the TPA, they do need to closely examine the issue."

And former chief commissioner Neil Comrie called on police to show loyalty to Ms Nixon, saying the force was facing "one of its greatest crises in more than 150 years".

But after an eight-hour meeting, the union's 12-member executive expressed its "highest levels of support" for Mr Mullett. The executive also stood by its president, Inspector Brian Rix, who also gave evidence at the OPI hearings.

Both Mr Mullett and Ms Nixon were backed by supporters at separate press conferences. Flanked by more than 30 of her top officers, Ms Nixon denied she was at war with the union; said the issue "is not about Paul Mullett versus Christine Nixon" and accused Mr Mullett of being paranoid.

"I've spoken to Paul Mullett directly and told him I've never done anything to undermine him or conduct an inappropriate surveillance, or any surveillance for that matter, but he continues to say this," she said.

Ms Nixon is waiting on legal advice to see if Mr Rix should also be suspended.

She said that under Police Regulations, Mr Mullett had 14 days from the time he was suspended to respond or contest the issue.

She said she hoped the association executive accepted that it needed to maintain a relationship with senior police while Mr Mullett was suspended. "We need to find a way through this. I need a productive relationship with the police association and it needs one with the employer."

A defiant Mr Mullett responded with his own press conference flanked by senior executive members. 

The executive passed a range of motions, including condemning Ms Nixon for "interfering in its internal affairs".

Rank and file police remained divided over whether Mr Mullett should stand aside.

One officer said suggestions of a possible challenge to the executive appeared little more than "station gossip". "I don't know if any of us would have the courage or willpower to take on someone like Paul Mullett."

Another said: "I guess we'll just have to trust the executive until we know otherwise."

The OPI is examining whether Mr Mullett, former media director Steve Linnell, former assistant commissioner Noel Ashby and suspended Inspector Glenn Weir have broken the law.

Ms Nixon said she hoped decisions on whether charges should be laid would be made as quickly as practical.

She said she was confident that operational police would not become distracted by the revelations that have come from the public OPI hearings. "We need to get on with what we have to do."

The union executive resolved to support the complaint by Mr Rix and Mr Mullett to a special investigation monitor regarding the OPI hearing. It also confirmed that the association had complained to the OPI about the alleged leaking of confidential information by Deputy Commissioner Simon Overland and supported the application of a suspension review by Mr Mullett and Inspector Weir.

Asked at the press conference whether he had ever leaked to media, Mr Overland responded: "Yes, from time to time, information is passed. But it's passed in the interests of Victoria Police, it's passed in the public interest and it's silly to pretend otherwise."

Police Minister Bob Cameron called for "cool heads" while police and the union worked through their issues.

Ms Nixon said she had felt let down by the "appalling" language recorded between Mr Linnell and Mr Ashby. She said Mr Linnell had included apologies in his letter of resignation to her, claiming to have been let down by his mentor and friend, Mr Ashby.

Ms Nixon said Mr Linnell "felt badly" over his behaviour towards her. "He said I gave him an opportunity to learn an enormous amount and to be able to grow and develop and he had obviously disrespected me in the way he went on.

"Look, what I think we're seeing here is two individuals who spent obviously too much time together. I think the French call it a 'folie a deux'."

On November 17, 2007, Age crime writer John Silvester wrote that while no criminal charges had been laid (as a result of evidence given at the hearings), the police force faced industrial meltdown.

It is now urgent the OPI reviews the evidence, seeks the views of the Office of Public Prosecutions and makes public its decision to either lay charges or exonerate,' wrote Silvester. If Mullett and the others are charged after an objective review of the evidence, then perceptions of unfairness would be dispelled. The cases can then be heard in an open court with the appropriate presumption of innocence. If no charges are laid, Mullett's suspension should be lifted.

Meanwhile, his position is eroded. The Government has withdrawn its support and he is banned from all police stations.

His executive is backing him but in reality, he cannot do his job. He should stand down on full pay with no admission of guilt.

On November 23, 2007, it was reported that Paul Mullett's fight to retain control of the Police Association had suffered a blow with the resignation of a respected member of the union's executive.

It was believed Inspector Craig Walsh quit the board in protest at Mr Mullett's refusal to step down from his position as union secretary while he waits to see whether he will face charges arising from the recent hearings.

Inspector Walsh, a member of the executive for five years, is currently with the operational safety division at the police academy. He previously headed the media unit and served in the homicide and armed robbery squads, and the elite special operations group.

It is believed Inspector Walsh was one of the minority of board members who voted the previous week for Mr Mullett to stand down. His resignation strengthens Mr Mullett's hold on the board numerically, but it could send a message to the wider membership and fortify Mr Mullett's foes.

A number of emails circulated in the police force the previous day urging union delegates to tell Mr Mullett to stand down.

The 52 delegates were to gather the next morning to vote on whether they should recommend to the union executive that Mr Mullett step aside, although the vote is non-binding.

Mr Mullett had refused requests to do so, but if enough executive members changed their vote, he would have no choice but to step down and put assistant secretary Bruce McKenzie in charge indefinitely.

If the delegates did not recommend that Mr Mullett stand down, anti-Mullett forces would work to gather the 550 signatures necessary to force an extraordinary general meeting and a possible spill of board positions, including that of the secretary.

Mr Mullett is working to shore up his support, but those who believe he should go have been equally busy.

One email circulating widely was written by a senior policeman with experience in suburban stations, the homicide squad and the ethical standards department.

"As an association member of 20 years, my reaction to the unfolding dispute has been one of embarrassment and profound sadness," the email says.

"There is no viable option other than Paul Mullett standing down and having Bruce McKenzie as assistant secretary take over as acting secretary."

While Mr Mullett is entitled to a presumption of innocence, the email says, he should stand down while there exists the possibility that he will be charged with inappropriately discussing phone taps and a confidential OPI hearing.

The email criticises the executive for not countering Mr Mullett's threat to take industrial action if his suspension was not lifted. "This threat would see the withdrawal of policing service to Victoria in support of a union secretary who stands suspected of criminal acts and political interference."

If Mr Mullett stood down, Mr McKenzie would take charge. The uniformed inspector has a background in operational policing, training and policy work. He is well liked and respected, and is a less confrontational figure than Mr Mullett.

On November 23, 2007, the Age reported that Mullett was facing yet another challenge — being charged by a former union president with bringing the association into disrepute.

A special executive meeting had been called for 7am to hear the charges being issued under the association's constitution by a lifetime union member and its former president.

Charges likely to be brought against Mullett included acting in a manner calculated to bring the association into disrepute; dereliction of duty and/or dishonourable conduct; and, acting detrimentally to the interests of the association and its members. If the charges are proven, penalties range from a fine or reprimand to suspension or expulsion from the union.

Under the association's constitution, any of the 11,000 members may charge another member in writing, by summoning them before the executive.

The senior officer behind the charge could not be contacted.

The delegates' meeting voted in favour of Mullett staying on as secretary.

Mullett was present when his status was discussed and remained to observe the vote.

On November 28, 2007, it was reported that a group of respected senior police, including former close colleagues of Mullett had told him it is time to go.

Two superintendents, four inspectors and a sergeant say many police are "embarrassed and angry" at Sen-Sgt Mullett's refusal to stand down.

In an open letter to the Herald Sun, they said: "It is simply untenable for police officers, of all people, to have as their industrial advocate a person in respect of whom unresolved serious criminal allegations exist.

"Mr Mullett has been suspended in connection with serious allegations that he sold out a murder investigation and breached the OPI and Telecommunications Acts."

The letter is signed by Supts Brett Guerin and Graham Kent, Det Insp Michael Sheehan, Insps Philip Green, Neil Paterson and David Blencowe, and Det Sgt Allan Birch.

The seven, who include officers who worked beside Sen-Sgt Mullett in his days with the armed robbery squad, said his refusal to go appeared to have little to do with the union's interests.

"But (it has) more to do with his personal battle with Chief Commissioner Christine Nixon," they wrote.

The officers' letter states that Sen-Sgt Mullett should not have been present during the previous Friday's delegates' meeting, which voted in favour of his staying on as secretary.

"That Mr Mullett was present during Friday's delegates' meeting when his status was discussed, and that he remained to observe the vote, seems to be a conflict of interest and, in our opinion, brings discredit to those involved in the process," the letter said.

"He should stand aside in the interests of the people he purports to represent so that the reputation and credibility of this proud and honourable association ceases to be publicly tarnished."

Sen-Sgt Mullett declined to comment on the letter.

Though there are reports of mounting concern among police over his stance, it appears unlikely any move will be made to unseat him by ballot until the new year.

Under Police Association rules, his opponents would be required to gather the signatures of 5 per cent of members -- about 550 -- to force an extraordinary general meeting, which could result in a spill of positions.

It would be a minimum 28 days from the time the signatures were received until the meeting could be held.

"They'd need to get their skates on this week," a source said.

On December 1, 2007, the Herald Sun reported that Paul Mullett was among five people being formally warned by the corruption watchdog it is likely to make adverse findings against them.

Serious allegations, which could lead to them being jailed, were made against all five when they appeared before the previous month's explosive Office of Police Integrity hearings.

OPI delegate and former Federal Court judge Murray Wilcox, QC, is believed to have written to them and outlined the reasons he is considering making adverse findings against them.

The five are Sen-Sgt Mullett, Police Association president Brian Rix, former assistant commissioner Noel Ashby, former Victoria Police media director Steve Linnell and suspended Insp Glenn Weir.

A spokesman for the OPI confirmed the process relating to the issuing of adverse-finding letters was well advanced.

"It would be inappropriate to comment further," he said.

Mr Wilcox is expected to finish his report on the OPI hearings before the end of the year and it is expected he will recommend charges be laid against a number of those who appeared as witnesses.

OPI director George Brouwer will then consider Mr Wilcox's findings and recommendations and table a report in State Parliament, probably in February.

Charges that may be laid against the five men Mr Wilcox has warned he may make adverse findings against include:

PERVERTING the course of justice or conspiring or attempting to pervert the course of justice, which carries a maximum jail term of 25 years.

PERJURY, which carries a maximum jail term of 15 years.

BREACHING the Telecommunications Interception Act, which carries a maximum jail term of two years.

MISLEADING the OPI director, which carries a maximum jail term of one year.

BREACHING the OPI secrecy provisions, which carries a maximum jail term of one year.

Mr Wilcox, who conducted the OPI public and private hearings involving the five, has asked each to respond in writing to a number of questions.

He promised during the public hearing that anyone he was likely to make an adverse finding against would have ample time to argue their case in writing.

"Before I reach conclusions about the matter -- and I emphasise I haven't reached any firm conclusions, although I have put things to witnesses -- I will sift the evidence," Mr Wilcox said on the last day of the corruption inquiry.

"I'll take into the account the comments that have been made.

"I then propose to prepare, in respect of each of the persons who may be the subject of adverse comments . . . a list of matters that I would like them to deal with by way of a written submission.

"In other words, the matters that may be the subject of comment to their disadvantage will be listed, not at great length but enough for them to understand what I'm talking about.

"Those notices or letters will be sent to the counsel for each of those persons and they will be asked to respond in writing."

On December 21, 2007, it was reported that Mullett was suing Chief Commissioner Nixon in a dramatic escalation of their power struggle.

A Federal Court writ issued late the previous day aimed to force Ms Nixon into the witness box to answer accusations of interference in the affairs of the Police Association.

The Police Association and the Police Federation of Australia sued Ms Nixon and the State of Victoria under freedom of association provisions of the Workplace Relations Act.

They claimed Ms Nixon acted unlawfully by suspending Sen-Sgt Mullett as a police officer because of his activities as a union official.

The writ sought the imposition of a financial penalty on Ms Nixon for breaching the Act, a declaration that Sen-Sgt Mullett's suspension was invalid and an injunction restraining Ms Nixon and the state from giving effect to his suspension.

Sen-Sgt Mullett said the legal action against Ms Nixon was "the maritime union dispute all over again".

In 1998, the Maritime Union of Australia successfully took action against Patrick Stevedores under the same section of the Act over the sacking of workers during the waterfront dispute.

A spokeswoman for Ms Nixon said she was seeking legal advice on an application to have the matter struck out.

"The decision to suspend Mr Mullett was based entirely on his position as a member of Victoria Police, and had nothing whatsoever to do with his position as secretary of the Police Association," the spokeswoman said.

Mullett, accused of breaking the law by discussing telephone taps and a confidential OPI hearing, was asked if he expected to be charged. Sen-Sgt Mullett said: "I've done nothing wrong."

"The only crime Brian Rix (the association's president) and I have committed -- and we don't apologise for it -- is we've been too passionate in representing our members," he said.

The Police Association's writ was issued by law firm Slater & Gordon and served on a representative of Ms Nixon at the Victoria Police Centre.

The statement of claim alleged Sen-Sgt Mullett's employment had been injured or prejudiced because:

HIS standing and reputation among members of the force is damaged.

HE is restricted in his access to police premises.

HE is restricted in his dealings with members of force command.

The writ outlines a list of industrial disputes involving the association and Ms Nixon and details of the association's internal political conflict.

It also criticises Ms Nixon's role in the investigation of bullying allegations against Sen-Sgt Mullett.

The legal action, which is being funded by the association, is listed for a preliminary hearing in the Federal Court on February 8.

The OPI report goes to parliament in the same month.

On January 26, 2007, it was reported that Mullett had taken successful legal action to halt a bullying investigation against him.

Chief Commissioner Nixon had earlier in the month advised that she was reopening the bullying probe, after a scathing Ombudsman's report found that a WorkSafe investigation had been inadequate.

But Mr Mullett managed to halt the police inquiry, due to resume the following week, by claiming in the Federal Court that Ms Nixon's decision to reopen the investigation was linked to his legal counter-attack against suspension from the police force.

Mr Mullett's lawyers were granted leave in the Federal Court to amend court documents to include an allegation that Ms Nixon reopened the bullying probe as a result of the pending court proceedings.

For the Police Association, Herman Borenstein, SC, said Ms Nixon had waited eight months to act on Ombudsman George Brouwer's report, which was tabled in State Parliament in April.

Mr Brouwer's report accused WorkSafe inspectors of ignoring an internal police review that found a culture of bullying and harassment in the union.

Frank Parry, SC, for Victoria Police, said the force agreed to halt its investigation until a Federal Court hearing on February 4 considered an application for an injunction to stay the probe.

On February 8, 2008, it was reported that Mullett could face charges with penalties of up to 40 years' jail after the release of a corruption watchdog report.

The Office of Police Integrity report recommended criminal charges against Mullett, Noel Ashby and Stephen Linnell.

The report, tabled in State Parliament, said Sen-Sgt Mullett should be charged with perjury, attempting to pervert the course of justice and making a false statement.

Charges of making a false or misleading statement and perjury had been recommended against Mr Ashby and Mr Linnell.

Attempting to pervert the course of justice is a level 2 imprisonment offence in in Victoria carrying a 25-year maximum and perjury a level 4 offence carrying a 15-year maximum.

According to the OPI report, Mr Ashby and Mr Linnell distributed sensitive information to advance their standing in the police force.

"Both Mr Ashby and Mr Linnell knew the value of information,'' it says.

"The strategic leaking of it gave them both currency with which to advance their personal ambitions.''

The report says the spectacular nosedive of the careers of Mr Ashby and Mr Linnell should serve as a warning for other police.

"The public should take comfort from the fact that aside from those named in this report, no other current Victoria Police employee appears to have been caught up in Mr Ashby's drive for power,'' it says.

"However, the thwarting of Mr Ashby's ambitions and the demise of his and Mr Linnell's careers should serve as a salutary lesson for others who may be tempted to ignore the responsibilities that accompany police office.''

In tabling the report the Director of Police Integrity, George Brouwer, said the departures of Mr Linnell and Mr Ashby made it a better organisation.

"Notwithstanding the deeply concerning matters revealed in this investigation, the corrupting influences were contained to a few individuals,'' Mr Brouwer wrote.

"The resignations of Mr Ashby and Mr Linnell, in particular, should have a cleansing effect on Victoria Police command.

"Without their behind-the-scenes manoeuvring, Victoria Police command, led by Chief Commissioner Nixon, is now in a better position to progress its strategic reform agenda.''

The report also recommended Christine Nixon take disciplinary action against Police Association president Brian Rix and Insp Glenn Weir, who worked with Mr Linnell in the media department.

Comment was not immediately available from the Police Association, from Mr Ashby's legal team or from Mr Linnell.

Comment was also not immediately available from police command.

Mr Brouwer refused to comment when contacted by Herald Sun Online.

His spokesman, Paul Conroy, said there would be no statement from the OPI office.

"The report speaks for itself," Mr Conroy said.

Mr Linnell's lawyer, barrister Martin Grinberg, later said he was yet to read the report or speak to his client, and could not comment on whether any possible charges would be fought.

On February 9, 2008, it was reported that Christine Nixon expected charges to be laid against the three police figures who were condemned in the report.

Ms Nixon had described the recommendations of the report on confidential police leaks, by retired Federal Court judge Murray Wilcox, QC, as "outstanding in the sense of (being) substantial and reasonable and relevant".

Mr Wilcox had accused Mullett of trying to install Noel Ashby as his "puppet" chief commissioner.

His report accused the pair, and Stephen Linnell, of engaging in "betrayal, collusion, deceit and abuse of authority" in pursuit of their aims.

Ms Nixon said while a decision on whether charges would be laid rested with the Office of Public Prosecutions, she believed they would be charged.

"I think that the evidence that Mr Wilcox has elicited, and I'm sure other evidence that will be part of the matters put before the Office of Public Prosecutions, will in fact look to justify the case and I believe they will be charged," she told ABC Radio.

She said she did not believe the trio's plot to oust her was personal.

"Those sorts of things are crimes against the state. They're not crimes against me personally; there's no issue in there about me and I think the point the judge made was exactly that."

But the association's legal manager, Greg Davies, said he did not believe Mr Mullett would be charged.

"It's an extraordinary leap to say there is a two-man coup to take over the police force and that a senior sergeant, who is secretary of the police association, is going to pull the strings of the chief commissioner," he told 3AW.

"It's an extraordinary claim to make and I can't see anywhere where there is a basis in fact for it. I don't believe (he will be charged with an offence) based on the report."

Mr Mullett and Mr Ashby protested their innocence and vowed to fight any charges.

On February 15, 2008, the Herald Sun reported that Mullett would quit his job when his contract expires in March 2009.

Sen-Sgt Mullett broke his silence to claim he had been the victim of "a hatchet job".

He accused the Office of Police Integrity and Chief Commissioner Nixon of double standards and hypocrisy.

Sen-Sgt Mullett told the Herald Sun he was confident he would be cleared of corruption allegations.

But it was time for a change at the helm of the union.

Sen-Sgt Mullett's departure date would be one month before the expiry of Ms Nixon's second term.

He said criminal charges being considered against him were not sustainable on the evidence presented by the OPI.

"Not at all. Nowhere near," Sen-Sgt Mullett said.

"The only thing I'm guilty of is robustly, vigorously and passionately representing my members -- and I will plead guilty to that."

Sen-Sgt Mullett said he:

REJECTED an OPI report's claim that he was part of a plot to have former assistant commissioner Noel Ashby installed as a "puppet chief commissioner" as fanciful.

HAD not spoken to Mr Ashby since well before the OPI public hearings.

DENIED the OPI's suggestion he tipped off a policeman and association delegate that his phone was being monitored because he was the target of a murder investigation.

THOUGHT it was ironic and "a clear case of deja vu" that Ms Nixon had been suspected of disloyalty and leaking information when she was an assistant commissioner in NSW.

Sen-Sgt Mullett said he had been the target of a four-year campaign by her to achieve a compliant union executive.

But he insisted his frequent clashes with Ms Nixon were "nothing personal".

And the OPI report was "full of ifs, buts and maybes".

Sen-Sgt Mullett said it was impossible for him to install a puppet police chief.

"It's a quantum leap. It couldn't happen. Chief commissioners are appointed by the government, not by the Police Association," he said.

Sen-Sgt Mullett said there was no evidence to back the claim and it hadn't been put to him in the OPI public hearings.

"It's ludicrous and ironic, because for the last four years the Chief Commissioner has been behaving in exactly that way herself in trying to put in place puppet Police Association representatives who will perform her bidding in any reform processes she wants to implement," he said.

Ms Nixon declined to respond to any of Sen-Sgt Mullett's claims or criticisms.

An OPI spokesman said the report to Parliament spoke for itself and it would be inappropriate to comment.

He will have been a member of the force for 35 years by his planned retirement date, and an executive member or full-time officer of the Police Association for 20 years.

Reportedly one of Australia's highest-paid union officials, Sen-Sgt Mullett has been assistant secretary then secretary of the union for almost 15 years, while on secondment from the force.

"That's probably long enough, and it would probably be timely for a new person with new ideas and a new direction for the association to take the helm at that stage," he said.

"That's always been my plan, irrespective of these recent hearings, and nothing more should be read into it.

"I had advised key people in the association well before the hearings of my plan to leave the job."

Read 'Rats among the ranks' - John Silvester's story on the OPI Hearings

More on the OPI Inquiry